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sbuttgereittoday at 4:20 AM0 repliesview on HN

The first sentence is correct insofar as the criminal proceedings are concerned, but assuming that the targets of the searches have had their rights violated they could very well be denied their ability to sue for restitution under Qualified Immunity.

The second sentence is just wrong. Qualified immunity is a shield from civil actions without regard to if the violation was/was not malicious or with/without intent.

This is from one of the IJ pages I linked:

"Does qualified immunity apply when government workers intentionally violate the law?

Yes. Qualified immunity applies even when officials intentionally or recklessly violate the law. The primary consideration in a qualified immunity analysis is whether there is an earlier court case specifically stating that the particular actions of an official are unconstitutional. So, for example, the Ninth Circuit U.S Court of Appeals held that police accused of stealing $225,000 while executing a search warrant were entitled to qualified immunity because that court had 'never addressed whether the theft of property covered by the terms of a search warrant…violates the Fourth Amendment.' It did not matter 'that virtually every human society teaches that theft generally is morally wrong.'"

-- (https://ij.org/issues/project-on-immunity-and-accountability...)

Or more directly from the summary of the Ninth Circuit Court of Appeals opinion:

"The panel held that at the time of the incident, there was no clearly established law holding that officers violate the Fourth or Fourteenth Amendment when they steal property seized pursuant to a warrant. For that reason, the City Officers were entitled to qualified immunity."

https://cdn.ca9.uscourts.gov/datastore/opinions/2019/09/04/1...

Theft requires criminality and intent and is arguably malicious. Yet, the court held that they couldn't even be sued on the basis of qualified immunity being applicable... that's not saying that the victims sued and lost... but that the suit was never heard on those grounds.

At least the court went on to say that the police should have known theft was morally wrong:

"The panel held that although the City Officers ought to have recognized that the alleged theft was morally wrong, they did not have clear notice that it violated the Fourth Amendment. The panel further held that the Fourth Circuit’s unpublished decision in Mom’s Inc. v. Willman, 109 F. App’x 629, 636–37 (4th Cir. 2004)—the only case law that the time of the incident holding that the theft of property pursuant to a warrant violates the Fourth Amendment—did not put the 'constitutional question beyond debate.'"

Because the question was not previously answered, the officers received the de facto protection of qualified immunity and not having to face the civil suit, criminality/intent/maliciousness notwithstanding.